Dharmadhikari, J. - (1.) This appeal under Article 136 of the Constitution of India has been preferred by the successors-in-interest of contesting Defendant No. 1 - Chandy against the judgment dated 07.12.1998 passed by the High Court of Kerala confirming the decree of injunction and recovery of possession passed by the Courts below in favour of the respondents who are the Legal Representatives of the original plaintiff - Kochunni.
(2.) The principle question which falls for consideration in this appeal is whether the contesting defendants are entitled protection against eviction from the suit property under 106 of the Kerala Land Reforms Act, 1963 (fro short the Act).106 of the Act protects the lessee against eviction from a land obtained by him for commercial or industrial purposes and over which he has constructed a building for commercial and industrial purposes before 20.5.1967.
(3.) The relevant Sub-section (1) of 106 of the Act with explanation therein reads thus :- "106. Special provisions relating leases for commercial or Industrial purposes. - (1) Notwithstanding anything contained in this Act, or in any other law, or in any contract, or in any order or decree of court, where on any land leased for commercial or industrial purpose, the lessee has constructed buildings for such commercial or industrial purpose before the 20th May, 1967, he shall not be liable be evicted from such land, but shall be liable pay rent under the contract or tenancy, and such rent shall be liable be varied every twelve years. Explanation :- For the purpose of this section,- (a) lessee includes a legal representative or an assignee of the lessee; and (b) "Building" means a permanent or a temporary building and includes a shed. ;